IFB #10-075

JANITORIAL SERVICES

CENTRAL OFFICE BUILDING, DURHAM, NORTH CAROLINA FOR THE

HOUSING AUTHORITY OF THE CITY OF DURHAM, NORTH CAROLINA, Assisted

by the Department of Housing and Urban Development.

TABLE OF CONTENTS

CONTRACT CONDITIONS PART I BIDDING REQUIREMENTS

Supplementary Instructions to Bidders Invitation for Bid Instructions to Offerors – Non-Construction HUD-5369-B (8/93) Certifications and Representations of Offerors Non-Construction Contract (HUD-5369-C)(8/93) References Form Forms Requirement Check List

FORMS

Form of Bid Form of Non-Collusive Affidavit Projected Utilization of Section 3 Residents as Employees and Section 3 Businesses

PART II CONDITIONS OF THE CONTRACT

General Conditions for Non-Construction Contracts Section I - HUD-5370-C (10-2006) General Conditions for Non-Construction Contracts Section II - HUD-5370-C (10-2006) Maintenance Wage Rate Determination - HUD-52158 (04-2005) Affirmative Action Plan Statement of Work

LEGAL NOTICE

DHA JANITORIAL SERVICES IFB#10-075

The Housing Authority of the City of Durham (DHA), North Carolina requests sealed bids (IFB#10-075), so marked for Janitorial Services. Sealed bids will be received until 2:00 p.m. EDST; on September 15, 2010 at DHA, 330 East Main Street, Durham, North Carolina. Proposed contract documents and specifications, are available beginning August 29, 2010 at www.durhamhousingauthority.org and www.demandstar.com. William Bryant Procurement Manager

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

IFB #10-075

JANITORAL SERVICES

Central Office, 330 East Main Street, Durham, North Carolina 27701

Resident Service Office Center; 533 East Main Street, Durham, NC 27701

NOTE: Pre-Bid Conference and & Walk Through: The Pre-Bid Conference and Walk

Through is scheduled for Wednesday, September 8, 2010 at 10:00 am.

1. Forms to be returned for compliance with the request for proposal bid procedure:

Form of Bid

Non-Collusive Affidavit

Certifications and Representations of Offerors Non Construction Contract HUD 5369-C

Projected Utilization of Section 3 Residents as Employees and Section 3 Businesses

List of four contracts of similar size

2. Each bid must be submitted in a sealed envelope, showing the bid title, date and time due on the

front of the envelope. 3. All bids must be signed by an authorized official of the firm. Bids may be rejected if they show any

omissions, alterations or irregularities of any kind. 4. Questions concerning specifications and or bids should be referred to William Bryant, Procurement

Manager via email: wbryant@dha-nc.org or via fax, attention William Bryant at 919-667-2129.

form HUD-5369-C (8/93)ref. Handbook 7460.8Previous edition is obsolete page 1 of 2

1. Contingent Fee Representation and Agreement

(a) The bidder/offeror represents and certifies as part of its bid/offer that, except for full-time bona fide employees workingsolely for the bidder/offeror, the bidder/offeror:

(1) [ ] has, [ ] has not employed or retained any person orcompany to solicit or obtain this contract; and

(2) [ ] has, [ ] has not paid or agreed to pay to any personor company employed or retained to solicit or obtain thiscontract any commission, percentage, brokerage, or otherfee contingent upon or resulting from the award of thiscontract.

(b) If the answer to either (a)(1) or (a) (2) above is affirmative,the bidder/offeror shall make an immediate and full writtendisclosure to the PHA Contracting Officer.

(c) Any misrepresentation by the bidder/offeror shall give thePHA the right to (1) terminate the resultant contract; (2) at itsdiscretion, to deduct from contract payments the amount of anycommission, percentage, brokerage, or other contingent fee; or(3) take other remedy pursuant to the contract.

2. Small, Minority, Women-Owned Business Concern Rep-resentation

The bidder/offeror represents and certifies as part of its bid/ offerthat it:

(a) [ ] is, [ ] is not a small business concern. “Small businessconcern,” as used in this provision, means a concern, includ-ing its affiliates, that is independently owned and operated,not dominant in the field of operation in which it is bidding,and qualified as a small business under the criteria and sizestandards in 13 CFR 121.

(b) [ ] is, [ ] is not a women-owned small business concern.“Women-owned,” as used in this provision, means a smallbusiness that is at least 51 percent owned by a woman orwomen who are U.S. citizens and who also control andoperate the business.

(c) [ ] is, [ ] is not a minority enterprise which, pursuant toExecutive Order 11625, is defined as a business which is atleast 51 percent owned by one or more minority groupmembers or, in the case of a publicly owned business, at least51 percent of its voting stock is owned by one or moreminority group members, and whose management and dailyoperations are controlled by one or more such individuals.

For the purpose of this definition, minority group members are:

(Check the block applicable to you)

[ ] Black Americans [ ] Asian Pacific Americans

[ ] Hispanic Americans [ ] Asian Indian Americans

[ ] Native Americans [ ] Hasidic Jewish Americans

3. Certificate of Independent Price Determination

(a) The bidder/offeror certifies that—

(1) The prices in this bid/offer have been arrived at indepen-dently, without, for the purpose of restricting competi-tion, any consultation, communication, or agreementwith any other bidder/offeror or competitor relating to (i)those prices, (ii) the intention to submit a bid/offer, or(iii) the methods or factors used to calculate the pricesoffered;

(2) The prices in this bid/offer have not been and will not beknowingly disclosed by the bidder/offeror, directly orindirectly, to any other bidder/offeror or competitor be-fore bid opening (in the case of a sealed bid solicitation)or contract award (in the case of a negotiated solicitation)unless otherwise required by law; and

(3) No attempt has been made or will be made by the bidder/offeror to induce any other concern to submit or not tosubmit a bid/offer for the purpose of restricting competition.

(b) Each signature on the bid/offer is considered to be a certifi-cation by the signatory that the signatory:

(1) Is the person in the bidder/offeror’s organization respon-sible for determining the prices being offered in this bidor proposal, and that the signatory has not participatedand will not participate in any action contrary to subpara-graphs (a)(l) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for thefollowing principals in certifying that those principalshave not participated, and will not participate in anyaction contrary to subparagraphs (a)(l) through (a)(3)above (insert full name of person(s) in the bidder/offeror’sorganization responsible for determining the prices of-fered in this bid or proposal, and the title of his or herposition in the bidder/offeror’s organization);

(ii) As an authorized agent, does certify that the princi-pals named in subdivision (b)(2)(i) above have not par-ticipated, and will not participate, in any action contraryto subparagraphs (a)(l) through (a)(3) above; and

U.S. Department of Housingand Urban DevelopmentOffice of Public and Indian Housing

Certifications andRepresentationsof OfferorsNon-Construction Contract

Public reporting burden for this collection of information is estimated to average 5 minutes per response, including the time for reviewing instructions, searchingexisting data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

This form includes clauses required by OMB’s common rule on bidding/offering procedures, implemented by HUD in 24 CFR 85.36, and those requirementsset forth in Executive Order 11625 for small, minority, women-owned businesses, and certifications for independent price determination, and conflict of interest.The form is required for nonconstruction contracts awarded by Housing Agencies (HAs). The form is used by bidders/offerors to certify to the HA's ContractingOfficer for contract compliance. If the form were not used, HAs would be unable to enforce their contracts. Responses to the collection of information arerequired to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality.

form HUD-5369-C (8/93)ref. Handbook 7460.8Previous edition is obsolete page 2 of 2

(iii) As an agent, has not personally participated, and willnot participate in any action contrary to subparagraphs(a)(l) through (a)(3) above.

(c) If the bidder/offeror deletes or modifies subparagraph (a)2above, the bidder/offeror must furnish with its bid/offer asigned statement setting forth in detail the circumstances ofthe disclosure.

4. Organizational Conflicts of Interest Certification

(a) The Contractor warrants that to the best of its knowledge andbelief and except as otherwise disclosed, it does not have anyorganizational conflict of interest which is defined as asituation in which the nature of work under a proposedcontract and a prospective contractor’s organizational, fi-nancial, contractual or other interest are such that:

(i) Award of the contract may result in an unfair competi-tive advantage;

(ii) The Contractor’s objectivity in performing the con-tract work may be impaired; or

(iii) That the Contractor has disclosed all relevant infor-mation and requested the HA to make a determinationwith respect to this Contract.

(b) The Contractor agrees that if after award he or she discoversan organizational conflict of interest with respect to thiscontract, he or she shall make an immediate and full disclo-sure in writing to the HA which shall include a description ofthe action which the Contractor has taken or intends toeliminate or neutralize the conflict. The HA may, however,terminate the Contract for the convenience of HA if it wouldbe in the best interest of HA.

(c) In the event the Contractor was aware of an organizationalconflict of interest before the award of this Contract andintentionally did not disclose the conflict to the HA, the HAmay terminate the Contract for default.

(d) The Contractor shall require a disclosure or representationfrom subcontractors and consultants who may be in a positionto influence the advice or assistance rendered to the HA andshall include any necessary provisions to eliminate or neutralizeconflicts of interest in consultant agreements or subcontractsinvolving performance or work under this Contract.

5. Authorized Negotiators (RFPs only)

The offeror represents that the following persons are authorizedto negotiate on its behalf with the PHA in connection with thisrequest for proposals: (list names, titles, and telephone numbersof the authorized negotiators):

6. Conflict of Interest

In the absence of any actual or apparent conflict, the offeror, bysubmission of a proposal, hereby warrants that to the best of itsknowledge and belief, no actual or apparent conflict of interestexists with regard to my possible performance of this procure-ment, as described in the clause in this solicitation titled “Orga-nizational Conflict of Interest.”

7. Offeror's Signature

The offeror hereby certifies that the information contained inthese certifications and representations is accurate, complete,and current.

Signature & Date:

Typed or Printed Name:

Title:

IFB#10-075 JANITORIAL SERVICES

CONTRACTOR REFERENCES

Prospective Contractor must supply at lest four (4) references of government agencies and/or private firms for which it has done similar or related work during the past two (2) years. 1. Agency or Firm Name: _________________________________________________ Business Address: _____________________________________________________ Contact Person: _______________________________________________________ Phone Number: _______________________________________________________ 2. Agency or Firm Name: _________________________________________________ Business Address: _____________________________________________________ Contact Person: _______________________________________________________ Phone Number: _______________________________________________________ 3. Agency or Firm Name: _________________________________________________ Business Address: _____________________________________________________ Contact Person: _______________________________________________________ Phone Number: _______________________________________________________ 4. Agency or Firm Name: _________________________________________________ Business Address: _____________________________________________________ Contact Person: _______________________________________________________ Phone Number: _______________________________________________________

Form of Bid - Prices and Signed

Non-Collusive Affidavit - Signed and Notarized Certifications and Representations of Offerors - Non Construction Contract (HUD Form 5369-C)

FILL OUT COMPLETELY AND SIGN

References: List four contracts of similar size

Commercial Liability Insurance Certificate

Workers Compensation Insurance Certificate

Projected Utilization of Section 3 Residents as Employees and Section 3 Businesses

RETURN BID TO PHYSICAL ADDRESS:

RETURN BID TO POST OFFICE ADDRESS:

ATTENTION: WILLIAM BRYANTDURHAM HOUSING AUTHORITY PO BOX 1726DURHAM NC 27702

BOTTOM LEFT HAND CORNER:IFB #10-075JANITORIAL SERVICESSEPTEMBER 15, 2010 2:00 PM

IFB#10-075

JANITORIAL SERVICES

FORMS REQUIREMENT CHECK LIST

1. Forms to be returned for compliance with the request for proposal bid procedure:

PLEASE CHECK OFF AND ATTACH ALL FORMS TO THIS SHEET WHEN BIDDING

DURHAM NC 27701

BID DUE WEDNESDAY, SEPTEMBER15, 2010 AT 2:00 PM - NO LATE BIDS WILL BE ACCEPTED

ATTENTION: WILLIAM BRYANT DURHAM HOUSING AUTHORITY 330 EAST MAIN ST

FORM OF BID

IFB #10-075

JANITORAL SERVICES

TO: The Housing Authority of the City of Durham

330 East Main Street Durham, North Carolina 27702

Gentlemen: 1. The undersigned, having familiarized (himself) (themselves) with the local conditions affecting the cost of the work, and with the Specifications (including Request for Proposal, Instructions to Offerors Non Construction, Certifications and Representations of Offerors Non Construction Contract, Supplementary Instructions to Bidders, this bid, the form of Non-Collusive Affidavit, the form of Contract, the Contract Conditions Non-Construction, the Affirmative Action Plan, the Bid Summary, and the Addenda if any thereto), as prepared by the Housing Authority of the City of Durham, and on file at www.durhamhousing.org and www.demandstar.com ; hereby proposes to furnish Contractual Janitorial Maintenance Services at the DHA Central Office and the Resident Services Office for the Durham Housing Authority as described in the Specifications; all in accordance therewith.

Central Office Resident Services Office

1. Base: $_______________ Base: $______________

Option Yr. 1 $ ______________ Option Yr. 1 $______________

Option Yr. 2 $ ______________ Option Yr. 2 $ ______________

Total $ _______________ Total: $ ______________

Grand Total: $ _________________

2. In submitting this bid, it is understood that the right is reserved by the Housing Authority of the City of Durham, North Carolina to reject any and all bids. If written notice of the acceptance of this bid is mailed, telegraphed or delivered to the undersigned within 30 days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver a contract in the prescribed form and furnish the required bond within ten (10) days after the contract is presented to him for signature which Contract shall incorporate all of the requirements contained in the plans and specifications above described.

3. Bid Security in the sum of __Not Applicable____ Dollars ($ _____________ ) in the form of

____________ _ is submitted herewith in accordance with the Specifications.

4. Attached hereto is an affidavit in proof that the undersigned has not entered into any collusion with any person in respect to this proposal or any other proposal or the submitting of proposals for the contract for which this proposal is submitted. 5. The bidder represents that he ( ) has, ( ) has not, participated in a previous contract or subcontract subject to the equal opportunity clause prescribed by Executive Orders 10925, 11114, or 11246 or the Secretary of Labor; that he/she ( ) has, ( ) has not, filed all required compliance reports; and that representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained prior to subcontract awards. (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) 6. Certification of Nonsegregated Facilities. By signing this Form of Proposal, the bidder certifies that he/she does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he/she does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause: that he will retain such certifications in his files; and that he/she will forward a notice to his proposed subcontractors as provided in the Instruction to Bidders. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date ___________________ Name of Bidder ___________________________________________ Official Address License No. _________________________________ By ________________________________________ Title_______________________________________

FORM OF NON-COLLUSIVE AFFIDAVIT A F F I D A V I T (Prime Bidder) State of__________________________)ss. County of ________________________) ____________________________________________, being first duly sworn, deposes and says: That he/she is_____________________________________________________________

(A Partner or Officer of the Firm of, etc.)

the party making the foregoing proposal or bid, that such proposal or bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to affix the bid price of affiant or of any other bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against the LHA or any person interested in the proposed contract; and that all statements in said proposal or bid are true. Signature of: __________________________________

Name of Bidder if Bidder is an Individual __________________________________

Name of Partner if Bidder is a Partnership __________________________________

Name of Officer if Bidder is a Corporation Subscribed and sworn to before me ________________________________ this __________ day

of______________20______.

My commission expires _______________________________20_____________.

General Conditions for Non-Construction Contracts Section I – (With or without Maintenance Work)

U.S. Department of Housing and Urban Development Office of Public and Indian Housing Office of Labor Relations OMB Approval No. 2577-0157 (exp. 3/31/2010)

Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C. 20410-3600; and to the Office of Management and Budget, Paperwork Reduction Project (2577-0157), Washington, D.C. 20503. Do not send this completed form to either of these addressees.

Applicability. This form HUD-5370-C has 2 Sections. These Sections must be inserted into non-construction contracts as described below:

1) Non-construction contracts (without maintenance) greater than $100,000 - use Section I;

2) Maintenance contracts (including nonroutine maintenance as defined at 24 CFR 968.105) greater than $2,000 but not more than $100,000 - use Section II; and

3) Maintenance contracts (including nonroutine maintenance), greater than $100,000 – use Sections I and II.

==================================================== Section I - Clauses for All Non-Construction Contracts greater than $100,000 ==================================================== 1. Definitions The following definitions are applicable to this contract:

(a) "Authority or Housing Authority (HA)" means the Housing Authority.

(b) "Contract" means the contract entered into between the Authority and the Contractor. It includes the contract form, the Certifications and Representations, these contract clauses, and the scope of work. It includes all formal changes to any of those documents by addendum, Change Order, or other modification.

(c) "Contractor" means the person or other entity entering into the contract with the Authority to perform all of the work required under the contract.

(d) "Day" means calendar days, unless otherwise stated. (e) "HUD" means the Secretary of Housing and Urban

development, his delegates, successors, and assigns, and the officers and employees of the United States Department of Housing and Urban Development acting for and on behalf of the Secretary.

2. Changes

(a) The HA may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in the services to be performed or supplies to be delivered.

(b) If any such change causes an increase or decrease in the hourly rate, the not-to-exceed amount of the contract, or the time required for performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects the conditions of this contract, the HA shall make an equitable adjustment in the not-to-exceed amount, the hourly rate, the delivery schedule, or other affected terms, and shall modify the contract accordingly.

(c) The Contractor must assert its right to an equitable adjustment under this clause within 30 days from the date of receipt of the written order. However, if the HA decides that the facts justify it, the HA may receive and act upon a

proposal submitted before final payment of the contract. (d) Failure to agree to any adjustment shall be a dispute under

clause Disputes, herein. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

(e) No services for which an additional cost or fee will be charged by the Contractor shall be furnished without the prior written consent of the HA.

3. Termination for Convenience and Default

(a) The HA may terminate this contract in whole, or from time to time in part, for the HA's convenience or the failure of the Contractor to fulfill the contract obligations (default). The HA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall: (i) immediately discontinue all services affected (unless the notice directs otherwise); and (ii) deliver to the HA all information, reports, papers, and other materials accumulated or generated in performing this contract, whether completed or in process.

(b) If the termination is for the convenience of the HA, the HA shall be liable only for payment for services rendered before the effective date of the termination.

(c) If the termination is due to the failure of the Contractor to fulfill its obligations under the contract (default), the HA may (i) require the Contractor to deliver to it, in the manner and to the extent directed by the HA, any work as described in subparagraph (a)(ii) above, and compensation be determined in accordance with the Changes clause, paragraph 2, above; (ii) take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable for any additional cost incurred by the HA; (iii) withhold any payments to the Contractor, for the purpose of off-set or partial payment, as the case may be, of amounts owed to the HA by the Contractor.

(d) If, after termination for failure to fulfill contract obligations (default), it is determined that the Contractor had not failed, the termination shall be deemed to have been effected for the convenience of the HA, and the Contractor shall been titled to payment as described in paragraph (b) above.

(e) Any disputes with regard to this clause are expressly made subject to the terms of clause titled Disputes herein.

4. Examination and Retention of Contractor's Records

(a) The HA, HUD, or Comptroller General of the United States, or any of their duly authorized representatives shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions.

Section I - Page 1 of 6

form HUD-5370-C (10/2006)

(b) The Contractor agrees to include in first-tier subcontracts under this contract a clause substantially the same as paragraph (a) above. "Subcontract," as used in this clause, excludes purchase orders not exceeding $10,000.

(c) The periods of access and examination in paragraphs (a) and (b) above for records relating to: (i) appeals under the clause titled Disputes; (ii) litigation or settlement of claims arising from the performance of this contract; or, (iii) costs and expenses of this contract to which the HA, HUD, or Comptroller General or any of their duly authorized representatives has taken exception shall continue until disposition of such appeals, litigation, claims, or exceptions.

5. Rights in Data (Ownership and Proprietary Interest)

The HA shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials and documents discovered or produced by Contractor pursuant to the terms of this Contract, including but not limited to reports, memoranda or letters concerning the research and reporting tasks of this Contract.

6. Energy Efficiency

The contractor shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94-163) for the State in which the work under this contract is performed.

7. Disputes

(a) All disputes arising under or relating to this contract, except for disputes arising under clauses contained in Section III, Labor Standards Provisions, including any claims for damages for the alleged breach there of which are not disposed of by agreement, shall be resolved under this clause.

(b) All claims by the Contractor shall be made in writing and submitted to the HA. A claim by the HA against the Contractor shall be subject to a written decision by the HA.

(c) The HA shall, with reasonable promptness, but in no event in no more than 60 days, render a decision concerning any claim hereunder. Unless the Contractor, within 30 days after receipt of the HA's decision, shall notify the HA in writing that it takes exception to such decision, the decision shall be final and conclusive.

(d) Provided the Contractor has (i) given the notice within the time stated in paragraph (c) above, and (ii) excepted its claim relating to such decision from the final release, and (iii) brought suit against the HA not later than one year after receipt of final payment, or if final payment has not been made, not later than one year after the Contractor has had a reasonable time to respond to a written request by the HA that it submit a final voucher and release, whichever is earlier, then the HA's decision shall not be final or conclusive, but the dispute shall be determined on the merits by a court of competent jurisdiction.

(e) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the HA.

8. Contract Termination; Debarment

A breach of these Contract clauses may be grounds for termination of the Contract and for debarment or denial of participation in HUD programs as a Contractor and a subcontractor as provided in 24 CFR Part 24.

9. Assignment of Contract

The Contractor shall not assign or transfer any interest in this contract; except that claims for monies due or to become due from the HA under the contract may be assigned to a bank, trust company, or other financial institution. If the Contractor is a partnership, this contract shall inure to the benefit of the surviving or remaining member(s) of such partnership approved by the HA.

10. Certificate and Release

Prior to final payment under this contract, or prior to settlement upon termination of this contract, and as a condition precedent thereto, the Contractor shall execute and deliver to the HA a certificate and release, in a form acceptable to the HA, of all claims against the HA by the Contractor under and by virtue of this contract, other than such claims, if any, as may be specifically excepted by the Contractor in stated amounts set forth therein.

11. Organizational Conflicts of Interest

(a) The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under this contract and a contractor's organizational, financial, contractual or other interests are such that: (i) Award of the contract may result in an unfair

competitive advantage; or (ii) The Contractor's objectivity in performing the contract

work may be impaired. (b) The Contractor agrees that if after award it discovers an

organizational conflict of interest with respect to this contract or any task/delivery order under the contract, he or she shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict. The HA may, however, terminate the contract or task/delivery order for the convenience of the HA if it would be in the best interest of the HA.

(c) In the event the Contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the HA may terminate the contract for default.

(d) The terms of this clause shall be included in all subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the prime Contractor. The Contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize conflicts of interest.

12. Inspection and Acceptance

(a) The HA has the right to review, require correction, if necessary, and accept the work products produced by the Contractor. Such review(s) shall be carried out within 30 days so as to not impede the work of the Contractor. Any

Section I - Page 2 of 6

Form HUD-5370-C (10/2006)

product of work shall be deemed accepted as submitted if the HA does not issue written comments and/or required corrections within 30 days from the date of receipt of such product from the Contractor.

(b) The Contractor shall make any required corrections promptly at no additional charge and return a revised copy of the product to the HA within 7 days of notification or a later date if extended by the HA.

(c) Failure by the Contractor to proceed with reasonable promptness to make necessary corrections shall be a default. If the Contractor's submission of corrected work remains unacceptable, the HA may terminate this contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received.

13. Interest of Members of Congress

No member of or delegate to the Congress of the United States of America or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit to arise there from, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit.

14. Interest of Members, Officers, or Employees and Former Members, Officers, or Employees

No member, officer, or employee of the HA, no member of the governing body of the locality in which the project is situated, no member of the governing body in which the HA was activated, and no other pubic official of such locality or localities who exercises any functions or responsibilities with respect to the project, shall, during his or her tenure, or for one year thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof.

15. Limitation on Payments to Influence Certain Federal Transactions

(a) Definitions. As used in this clause:

"Agency", as defined in 5 U.S.C. 552(f), includes Federal executive departments and agencies as well as independent regulatory commissions and Government corporations, as defined in 31 U.S.C. 9101(1).

"Covered Federal Action" means any of the following Federal actions:

(i) The awarding of any Federal contract; (ii) The making of any Federal grant; (iii) The making of any Federal loan; (iv) The entering into of any cooperative agreement; and, (v) The extension, continuation, renewal, amendment, or

modification of any Federal contract, grant, loan, or cooperative agreement.

Covered Federal action does not include receiving from an agency a commitment providing for the United States to insure or guarantee a loan.

"Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B). Alaskan Natives are included under the definitions of Indian tribes in that Act.

"Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

"Local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

"Officer or employee of an agency" includes the following individuals who are employed by an agency:

(i) An individual who is appointed to a position in the Government under title 5, U.S.C., including a position under a temporary appointment;

(ii) A member of the uniformed services as defined in section 202, title 18, U.S.C.;

(iii) A special Government employee as defined in section 202, title 18, U.S.C.; and,

(iv) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, appendix 2.

“Person" means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit. This term excludes an Indian tribe, tribal organization, or other Indian organization with respect to expenditures specifically permitted by other Federal law.

"Recipient" includes all contractors, subcontractors at any tier, and subgrantees at any tier of the recipient of funds received in connection with a Federal contract, grant, loan, or cooperative agreement. The term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

"Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement, an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract, grant, loan, or cooperative agreement. An officer or employee who is employed by such person for less than 130 working days within one year immediately preceding the date of submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

"State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-State, regional, or interstate entity having governmental duties and powers. (b) Prohibition.

(i) Section 1352 of title 31, U.S.C. provides in part that no appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(ii) The prohibition does not apply as follows:

Section I - Page 3 of 6

Form HUD-5370-C (10/2006)

(1) Agency and legislative liaison by Own Employees. (a) The prohibition on the use of appropriated funds, in paragraph (i) of this section, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement, if the payment is for agency and legislative activities not directly related to a covered Federal action. (b) For purposes of paragraph (b)(i)(1)(a) of this clause, providing any information specifically requested by an agency or Congress is permitted at any time. (c) The following agency and legislative liaison activities are permitted at any time only where they are not related to a specific solicitation for any covered Federal action: (1) Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and,

(2) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.

(d) The following agency and legislative liaison activities are permitted where they are prior to formal solicitation of any covered Federal action:

(1) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(2) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(3) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Public Law 95-507 and other subsequent amendments.

(e) Only those activities expressly authorized by subdivision (b)(ii)(1)(a) of this clause are permitted under this clause.

(2) Professional and technical services. (a) The prohibition on the use of appropriated

funds, in subparagraph (b)(i) of this clause, does not apply in the case of- (i) A payment of reasonable compensation

made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(ii) Any reasonable payment to a person, other than an officer or employee of a

person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(b) For purposes of subdivision (b)(ii)(2)(a) of clause, "professional and technical services" shall be limited to advice and analysis directly applying any professional or technical discipline.

(c) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation, or reasonably expected to be required by law or regulation, and any other requirements in the actual award documents.

(d) Only those services expressly authorized by subdivisions (b)(ii)(2)(a)(i) and (ii) of this section are permitted under this clause.

(iii) Selling activities by independent sales representatives.

(c) The prohibition on the use of appropriated funds, in subparagraph (b)(i) of this clause, does not apply to the following selling activities before an agency by independent sales representatives, provided such activities are prior to formal solicitation by an agency and are specifically limited to the merits of the matter: (i) Discussing with an agency (including individual

demonstration) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and

(ii) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.

(d) Agreement. In accepting any contract, grant, cooperative agreement, or loan resulting from this solicitation, the person submitting the offer agrees not to make any payment prohibited by this clause.

(e) Penalties. Any person who makes an expenditure prohibited under paragraph (b) of this clause shall be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(f) Cost Allowability. Nothing in this clause is to be interpreted to make allowable or reasonable any costs which would be unallowable or unreasonable in accordance with Part 31 of the Federal Acquisition Regulation (FAR), or OMB Circulars dealing with cost allowability for recipients of assistance agreements. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any of the provisions of FAR Part 31 or the relevant OMB Circulars.

Section I - Page 4 of 6

Form HUD-5370-C (10/2006)

16. Equal Employment Opportunity

During the performance of this contract, the Contractor agrees as follows: (a) The Contractor shall not discriminate against any employee

or applicant for employment because of race, color, religion, sex, or national origin.

(b) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to (1) employment; (2) upgrading; (3) demotion; (4) transfer; (5) recruitment or recruitment advertising; (6) layoff or termination; (7) rates of pay or other forms of compensation; and (8) selection for training, including apprenticeship.

(c) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.

(d) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

(e) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

(f) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.

(g) The Contractor shall furnish all information and reports required by Executive Order 11246, as amended and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. The Contractor shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(h) In the event of a determination that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts, or federally assisted construction contracts under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law.

(i) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcontractor or purchase order as the Secretary of Housing and Urban Development or the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that if the

Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

17. Dissemination or Disclosure of Information

No information or material shall be disseminated or disclosed to the general public, the news media, or any person or organization without prior express written approval by the HA.

18. Contractor's Status

It is understood that the Contractor is an independent contractor and is not to be considered an employee of the HA, or assume any right, privilege or duties of an employee, and shall save harmless the HA and its employees from claims suits, actions and costs of every description resulting from the Contractor's activities on behalf of the HA in connection with this Agreement.

19. Other Contractors

HA may undertake or award other contracts for additional work at or near the site(s) of the work under this contract. The contractor shall fully cooperate with the other contractors and with HA and HUD employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or HA employee.

20. Liens

The Contractor is prohibited from placing a lien on HA's property. This prohibition shall apply to all subcontractors.

21. Training and Employment Opportunities for Residents in

the Project Area (Section 3, HUD Act of 1968; 24 CFR 135) (a) The work to be performed under this contract is subject to the

requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

(b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations.

(c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of

Section I - Page 5 of 6

Form HUD-5370-C (10/2006)

apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

(d) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.

(e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135.

(f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

22. Procurement of Recovered Materials (a) In accordance with Section 6002 of the Solid Waste Disposal Act,

as amended by the Resource Conservation and Recovery Act, the Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. The Contractor shall procure items designated in the EPA guidelines that contain the highest percentage of recovered materials practicable unless the Contractor determines that such items: (1) are not reasonably available in a reasonable period of time; (2) fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or (3) are only available at an unreasonable price.

(b) Paragraph (a) of this clause shall apply to items purchased under this contract where: (1) the Contractor purchases in excess of $10,000 of the item under this contract; or (2) during the preceding Federal fiscal year, the Contractor: (i) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and (ii) purchased a total of in excess of $10,000 of the item both under and outside that contract.

Section I - Page 6 of 6

Form HUD-5370-C (10/2006)

General Conditions for Non-Construction Contracts

U.S. Department of Housing and Urban Development Office of Public and Indian Housing

Section II – (With Maintenance Work) Office of Labor Relations OMB Approval No. 2577-0157 (exp. 11/30/2008)

Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C. 20410-3600; and to the Office of Management and Budget, Paperwork Reduction Project (2577-0157), Washington, D.C. 20503. Do not send this completed form to either of these addressees. Applicability. This form HUD-5370C has 2 Sections. These Sections must be inserted into non-construction contracts as described below:

1) Non-construction contracts (without maintenance) greater than $100,000 - use Section I;

2) Maintenance contracts (including nonroutine maintenance as defined at 24 CFR 968.105) greater than $2,000 but not more than $100,000 - use Section II; and

3) Maintenance contracts (including nonroutine maintenance), greater than $100,000 – use Sections I and II.

==================================================== Section II – Labor Standard Provisions for all Maintenance Contracts greater than $2,000 ==================================================== 1. Minimum Wages

(a) All maintenance laborers and mechanics employed under this Contract in the operation of the project(s) shall be paid unconditionally and not less often than semi-monthly, and without subsequent deduction (except as otherwise provided by law or regulations), the full amount of wages due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Housing and Urban Development which is attached hereto and made a part hereof. Such laborers and mechanics shall be paid the appropriate wage rate on the wage determination for the classification of work actually performed, without regard to skill. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination, including any additional classifications and wage rates approved by HUD under subparagraph 1(b), shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

(b) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate only when the following criteria have been met:

(1) The work to be performed by the classification required is not performed by a classification in the wage determination;

(2) The classification is utilized in the area by the industry; and

(3) The proposed wage rate bears a reasonable relationship to the wage rates contained in the wage determination.

(ii) The wage rate determined pursuant to this paragraph shall be paid to all workers performing work

in the classification under this Contract from the first day on which work is performed in the classification.

2. Withholding of funds

The Contracting Officer, upon his/her own action or upon request of HUD, shall withhold or cause to be withheld from the Contractor under this Contract or any other contract subject to HUD-determined wage rates, with the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor the full amount of wages required by this clause. In the event of failure to pay any laborer or mechanic employed under this Contract all or part of the wages required under this Contract, the Contracting Officer or HUD may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment or advance until such violations have ceased. The Public Housing Agency or HUD may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due.

3. Records

(a) The Contractor and each subcontractor shall make and maintain for three (3) years from the completion of the work records containing the following for each laborer and mechanic: (i) Name, address and Social Security Number; (ii) Correct work classification or classifications; (iii) Hourly rate or rates of monetary wages paid; (iv) Rate or rates of any fringe benefits provided; (v) Number of daily and weekly hours worked; (vi) Gross wages earned; (vii) Any deductions made; and (viii) Actual wages paid.

(b) The Contractor and each subcontractor shall make the records required under paragraph 3(a) available for inspection, copying, or transcription by authorized representatives of HUD or the HA and shall permit such representatives to interview employees during working hours on the job. If the Contractor or any subcontractor fails to make the required records available, HUD or its designee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds.

4. Apprentices and Trainees

(a) Apprentices and trainees will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in: (i) A bona fide apprenticeship program registered

with the U.S. Department of Labor, Employment and Training Administration (ETA), Office of

Section II - Page 1 of 3

form HUD-5370-C (10/2006)

Apprenticeship Training, Employer and Labor Services (OATELS), or with a state apprenticeship agency recognized by OATELS, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by OATELS or a state apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice;

(ii) A trainee program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, ETA; or

(iii) A training/trainee program that has received prior approval by HUD.

(b) Each apprentice or trainee must be paid at not less than the rate specified in the registered or approved program for the apprentice’s/trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices and trainees shall be paid fringe benefits in accordance with the provisions of the registered or approved program. If the program does not specify fringe benefits, apprentices/trainees must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification.

(c) The allowable ratio of apprentices or trainees to journeyman on the job site in any craft classification shall not be greater than the ratio permitted to the employer as to the entire work force under the approved program.

(d) Any worker employed at an apprentice or trainee wage rate who is not registered in an approved program, and any apprentice or trainee performing work on the job site in excess of the ratio permitted under the approved program, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.

(e) In the event OATELS, a state apprenticeship agency recognized by OATELS or ETA, or HUD, withdraws approval of an apprenticeship or trainee program, the employer will no longer be permitted to utilize apprentices/trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

5. Disputes concerning labor standards

(a) Disputes arising out of the labor standards provisions contained in Section II of this form HUD-5370-C, other than those in Paragraph 6, shall be subject to the following procedures. Disputes within the meaning of this paragraph include disputes between the Contractor (or any of its subcontractors) and the HA, or HUD, or the employees or their representatives, concerning payment of prevailing wage rates or proper classification. The procedures in this section may be initiated upon HUD’s own motion, upon referral of the HA, or upon request of the Contractor or subcontractor(s). (i) A Contractor and/or subcontractor or other

interested party desiring reconsideration of findings of violation by the HA or HUD relating to the payment of straight-time prevailing wages or classification of work shall request such reconsideration by letter postmarked within 30 calendar days of the date of notice of findings issued by the HA or HUD. The request shall set

forth those findings that are in dispute and the reasons, including any affirmative defenses, with respect to the violations. The request shall be directed to the appropriate HA or HUD official in accordance with instructions contained in the notice of findings or, if the notice does not specify to whom a request should be made, to the Regional Labor Relations Officer (HUD).

(ii) The HA or HUD official shall, within 60 days (unless otherwise indicated in the notice of findings) after receipt of a timely request for reconsideration, issue a written decision on the findings of violation. The written decision on reconsideration shall contain instructions that any appeal of the decision shall be addressed to the Regional Labor Relations Officer by letter postmarked within 30 calendar days after the date of the decision. In the event that the Regional Labor Relations Officer was the deciding official on reconsideration, the appeal shall be directed to the Director, Office of Labor Relations (HUD). Any appeal must set forth the aspects of the decision that are in dispute and the reasons, including any affirmative defenses, with respect to the violations.

(iii) The Regional Labor Relations Officer shall, within 60 days (unless otherwise indicated in the decision on reconsideration) after receipt of a timely appeal, issue a written decision on the findings. A decision of the Regional Labor Relations Officer may be appealed to the Director, Office of Labor Relations, by letter postmarked within 30 days of the Regional Labor Relations Officer’s decision. Any appeal to the Director must set forth the aspects of the prior decision(s) that are in dispute and the reasons. The decision of the Director, Office of Labor Relations, shall be final.

(b) Disputes arising out of the labor standards provisions of paragraph 6 shall not be subject to paragraph 5(a) of this form HUD-5370C. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this paragraph 5(b) include disputes between the Contractor (or any of its subcontractors) and the HA, HUD, the U.S. Department of Labor, or the employees or their representatives.

6. Contract Work Hours and Safety Standards Act

The provisions of this paragraph 6 are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” includes watchmen and guards. (a) Overtime requirements. No Contractor or subcontractor

contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.

(b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions set forth in paragraph 6(a), the Contractor and any

Section II - Page 2 of 3

form HUD-5370-C (10/2006)

subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to the District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the provisions set forth in paragraph (a) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by provisions set forth in paragraph (a) of this clause.

(c) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the U.S. Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such Contract or any federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions set forth in paragraph (b) of this clause.

7. Subcontracts

The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this Section II and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the provisions contained in these clauses.

8. Non-Federal Prevailing Wage Rates

Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined under state law to be prevailing, with respect to any employee in any trade or position employed under the Contract, is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever such non-Federal prevailing wage rate, exclusive of any fringe benefits, exceeds the applicable wage rate determined by the Secretary of HUD to be prevailing in the locality with respect to such trade or position.

Section II - Page 3 of 3

form HUD-5370-C (10/2006)

AFFIRMATIVE ACTION PLAN I. General Statement The Housing Authority of the City of Durham will select contractors and business concerns that are in compliance with the appropriate equal opportunity employment laws the provisions of Section 3 of the Housing and Urban Development Act of 1968, and Executive Order 11246. A prime contractor or subcontractor who signs a contract on a Federal or federally-assisted construction project assumes the obligation to take whatever affirmative actions are necessary to assure equal employment opportunity in all aspects of employment, irrespective of race, color, creed, or national origin. It is expected that a contractor will carry out that part of his contract pertaining to equal employment opportunity with the same amount of thought and action as he will any other part of the contract. The Housing Authority of the City of Durham hereafter referred to as "Authority" will review contract bids from all contractors, to determine whether the bidder has met the requirements of the Affirmative Action Program. Compliance will be administered through the Authority's Equal Employment Opportunity Officer. By submitting a bid, the Contractor or subcontractor certifies that he will comply with the requirements of this policy and shall make this affirmative action policy apart of his project specifications. For the purpose of the specifications the following terms shall have the following meanings: a. "Affirmative Action" - procedures which establish hiring and employment goals, timetables,

and practices to be implemented, with good faith efforts, for minority group members. b. "Minority Group Members" - persons who are Black, Spanish surnamed Americans, American

Indians, American Orientals and females. II. Implementation a. The Housing Authority of the City of Durham plans to implement its goals through several

means. The Housing Authority's procurement policies require competitive bidding for most contracts; however, whenever this requirement is not applicable and with contracts that would normally be negotiated, the contracts that would normally be negotiated, the Housing Authority of the City of Durham intends to contract with small, local businesses, to the greatest extent feasible.

b. In the development of low rent public housing projects, the contractor or subcontractor in hiring

shall make every effort to employ persons residing within the geographical area in order to insure that persons employed in the project will be brought into the permanent construction industry labor force.

c. The contractor and/or subcontractor shall not discriminate against employees and applicants for employment on the grounds of race, color, religion, sex or national origin.

d. The contractor shall assure the Housing Authority of the City of Durham that the top

management of the company will exert positive efforts to assure equal opportunity in employment as required by this Affirmative Action Policy.

e. The contractor will submit to the Housing Authority of the City of Durham upon request,

periodic progress reports showing what action has been taken to assure continuing compliance with this Affirmative Action Policy.

f. The contractor or subcontractor shall notify the Housing Authority of the City of Durham at the

time of bid submission the name and title of their appointed equal employment opportunity officer in order that a focal point between the contractor or subcontractor and the Housing Authority of the City of Durham may be established to carry out the provisions of this policy.

The contractor or subcontractor is expected to make maximum use of apprenticeship and other training to help equalize opportunity for minority persons, taking appropriate steps such as: a. Sponsoring and assisting minority youths as well as others to enter pre-apprentice and

apprentice training, and making such training available to the maximum extent within their companies.

b. Actively encouraging minority employees as well as others to increase their skills and job

potential through participation in training and education programs, and helping to assure that such programs are adequate and are in fact available to minority persons.

c. Using as many apprentices and summer and part-time trainees - particularly from minority

groups as work needs will permit. d. Assisting lower paid employees to exert their potential with respect to any of the higher paid

trades to qualify themselves for such trades. III.Goals: It is not the intent of the Housing Authority of the City of Durham to require of itself or of contractors or of subcontractors engaged by the Authority, quotas per se in the placement of minority persons, past experiences have proven that this is in fact detrimental to the purpose of an Affirmative Action program. It is however the intent of this policy to assist in the implementation of a good faith effort in order that an ultimate goal of 50 percent employment of minority persons be realized in the trade groups. The contractor or subcontractor will in seeking to achieve this ultimate goal make every good faith effort to meet the following employment ranges: Trade Description Goals of Minority Employed Within these Ranges

Bricklayers 30-50 percent Carpenters 30-35 percent Cement Finishers 30-35 percent Electricians 25-35 percent Elevator Constructors 25-35 percent Glaziers 30-35 percent Insulators 30-35 percent Ironworkers 25-35 percent Lathers 30-50 percent Operating Engineers 30-50 percent Painters 30-50 percent Plasterers 30-50 percent Plumbers 25-35 percent Roofers 30-50 percent Sheet metal Workers 25-35 percent Sprinkler Fitters 25-35 percent The Housing Authority of the City of Durham will assist all contractors and subcontractors in implementing the Affirmative Action Plans through all feasible means including but not limited to: 1. Assisting the contractor in contacting lower income residents needed in the construction of the

project. 2. Acting as a focal point for hiring, with a list of local subcontractors and suppliers. IV. Compliance Each prime contractor shall be responsible for the performance of his subcontractors for the implementation of this Affirmative Action Policy during the performance of the contract. Whenever the contractor subcontracts a portion of the work on a project, the subcontract shall bind the subcontractor to the obligations contained herein to the full extent as if he were the contractor. In the event of failure by a contractor to meet his minority manpower commitments specified herein he shall be given an opportunity to demonstrate that he has made every good faith effort to meet his commitments. In any proceeding that such good faith is in issue, all of the actions of the contractor in seeking to comply with these requirements shall be reviewed and monitored by the Equal Opportunity Officer. 1. The Equal Opportunity Officer will issue a written Alert Notice to a contractor whenever, in

his/her opinion, a breach of these conditions appear to be developing. 2. If the Alert Notice is not removed by a correction of the deficiencies within ten (10) days, the

Officer shall follow up the Alert Notice by issuing a written Violation Notice. Upon issuance of such notice, the contractor will have seven (7) working days to remove the violation.

3. Either or both notices may be removed if the contractor meets his obligations, or if he presents a satisfactory explanation in writing as to why such compliance is impractical or impossible.

4. Failure to satisfactorily remove a Violation Notice shall be heard by the Executive Director, and a determination by him that the contractor is not in compliance with this policy shall result in a recommendation of sanctions by the Executive Director to the Commissioners, such recommendation shall be accepted by the Commissioners unless it is deemed unreasonable. Such sanctions may include any or all of the following:

1. The withholding of contract payments. 2. The termination or suspension of the contract. 3. Requiring the contractor to enforce his obligation under this contract with subcontractors,

either by suit at law or in equity or arbitration, whichever is appropriate. It shall be the responsibility of the Executive Director of the Housing Authority of the City of Durham to ensure that this Affirmative Action Plan is enforced and that a continuous evaluation of compliance with the goals contained within are carried out.

IFB #10-075

Janitorial Services

The Durham Housing Authority Locations: Durham Housing Authority, 330 East Main Street, Durham, North Carolina and

Resident Services Office, 533 East Main Street, Durham, North Carolina. Scope of Work: The contractor agrees to furnish all supervision, labor, materials and equipment necessary to provide complete and efficient indoor/outdoor janitorial services. Work will be performed between the hours of 5 p.m. and 12:00 a.m. each work day (Monday – Friday) and anytime on Saturday and Sunday (ex. Stripping, waxing, interior window cleaning, etc.). Although a schedule for cleaning is attached, it is understood that complete and satisfactory service will be provided as required. This applies even when “complete and satisfactory service” extends beyond the duties described here in. Equipment: The contractor agrees not to use any equipment for work under this contract, which does not meet necessary health and safety guidelines of federal, state, local, public, or Durham Housing Authority. Durham Housing Authority must approve all equipment. Compliance to Applicable Laws and Regulations: The contractor will abide by all federal, state, and local statues and regulations while performing janitorial services under the terms and conditions specified herein. This includes OSHA (Occupational Safety and Health Act) and EPA (Environmental Protection Agency) rules and regulations, but not limited to the above mentioned regulatory agencies. Training: North Carolina Occupational Safety and Health Standards Number 29CFR 1926.1101 (V) “Training for Employees Performing Class IV (Custodial) operations shall be the equivalent in curriculum and training method to the Awareness Training Course developed by EPA (Environmental Protection Agency) for maintenance and custodial workers who work in buildings containing asbestos containing materials.” The contractor will provide Durham Housing Authority with the required training certifications to satisfy EPA and OSHA Regulations.

Inspections The Durham Housing Authority shall designate an employee, or alternate, to do quality inspections for compliance with the contract. An employee of the contractor, who has supervisory status, shall meet the employee of the Housing Authority each month or more frequently if necessary for the purpose of reviewing the quality control inspections. The “Janitorial Inspection Checklist” (see exhibit A) shall be used to record the quality control inspection. Repeated failure of the contractor to perform the work contracted shall be justification to review and/or cancel the contract for cause. The Durham Housing Authority’s designated quality control inspector shall inspect as often as necessary and bring any items needing immediate action to the attention of any employee of the contractor.

Supplies All supplies, equipment and materials used by the contractor are to be stored in the janitorial closet when not in use. Cancellation Either party may cancel this contract after thirty days notice in writing without cause and shall be deemed absolved of further responsibility or liability. Services 1. Trash Cans:

a. Empty all trash cans, Monday – Friday. A watertight disposable plastic liner will be used in each container and liner will be changed daily if soiled (food, drink, etc.) or as needed. Receptacles will be washed as frequently with detergent and disinfectant.

b. All trash shall be placed in closed plastic bags. The closed bags shall then be placed in

the outside dumpster each night. 2. Desk and Furniture:

a. Dust all surfaces of all furniture, files and wall-hung décor. Desks will be dusted with a feather duster when papers are left on top. Clean with desk and office cleaner any desktops, surfaces or chairs when necessary to remove sticky substances or marks. (Do not disturb papers on desks, open drawers or use telephones). Furniture polish will be used to maintain wood and laminated wood surfaces as required.

b. Arrange all chairs in offices and meeting rooms into orderly alignment on a daily basis,

unless instructed otherwise.

c. Clean all glass on tables or desks (top and bottom).

2

d. Clean and sanitize telephones at least once a week.

3. Floor and Walls:

a. All tile floors should be stripped and waxed with at least four coats of wax within 30 days of contract signing.

b. All tile floors should be kept clean and maintain a shine. Build-ups of wax along

baseboards and in corners are unacceptable. Wax over dirt is unacceptable and shall be justification to require the contractor to strip and clean floors. Soft/Hardwood floors shall be cleaned and waxed to maintain a shine. Wood laminate flooring shall be damp mopped and dusted on a regular schedule to maintain a shine.

c. Steam clean all carpets bi-annually.

d. Spot clean carpets daily.

e. Walk off mats should be cleaned of mud or dirt daily and shall be vacuumed and

shampooed each week.

f. Entrances to the building will be swept and cleaned. All paper and debris should be removed from the main parking areas and around building.

g. Remove spills and sticky substances from any floors.

h. Pick up staples and paper clips.

i. Wax and buff tile floors. (Use wet methods & HEPA vacuum).

j. Clean all glass doors and entrances.

k. Clean smudges and handprints from all bright metal surfaces. (Use metal polish as

necessary).

l. Special attention must be given to cleaning the corners of floors and walls, including baseboards.

m. Steps will be swept and mopped. Care shall be exercised to keep soiled water from

splashing or touching wall or rear of steps risers.

n. Ceilings, including heat and air returns, and light fixtures will be brushed to remove dust, cobwebs, and lint at least once a week. Clean all heat and air returns thoroughly on a quarterly basis.

o. Clean fingerprints and smudges from walls and woodwork. Particular attention should be

paid to clean areas around light switches and doors. The contractor will report any smudges or damage to walls that cannot be removed through normal cleaning.

p. Partitions and glass dividers should be cleaned of fingerprints and smudges daily.

3

q. Sweep and mop thoroughly complete warehouse floor (a minimum of twice per week).

4. Bathrooms:

a. Thoroughly clean all restrooms, lounges, and toilets. Check daily all towels, tissues, hand soap, sanitizers, deodorizes and replenish if empty or low.

b. All walls, partitions and toilet surface will be cleaned or polished as frequently as

required to maintain the appearance and luster.

c. All commodes, urinals, lavatories, washbasins, and other plumbing devices or fixtures shall be cleaned and sanitized thoroughly. Under no circumstances shall the bowl cleaning chemicals be used on commode seats or any chrome piping.

d. Mirrors shall be cleaned to removed spatters and fingerprints.

e. Paper towels, toilet tissue, and soap dispensers shall be kept clean of spatters and

fingerprints.

f. All walls shall be kept free of spatters and smudges. 5. Windows:

a. Windows will be cleaned (inside/outside) on a quarterly basis. (Contractors must provide a quarterly report of window cleaning.)

b. Windows shall be dusted daily.

c. Blinds shall be dusted and cleaned daily.

d. All glass doors will be cleaned inside and out daily.

6. Drinking Fountains/Other Appliances:

a. Clean all drinking fountains daily. b. Polish stainless steel drinking fountains with lemon oil or approved application daily.

c. Clean microwave daily (breakroom).

d. Clean refrigerator inside and out every Friday. (Discard all containers.)

7. Janitorial Closet – Optional:

a. No trash will be left overnight. b. The closet is to be cleaned on a daily basis and be maintained in an organized and

sanitary manner.

4

c. Spills of chemicals shall be immediately cleaned.

NOTE: A secure storage will be provided by owners upon written request from contractor.

8. Floor Maintenance: The contractor must maintain highly respectable floors in all offices, halls and stairs.

a. Floors shall be stripped often enough to prevent build-up wax and dirt. Old wax finishes

shall be removed by using a commercial stripping agent and a floor machine. A neutral stripping agent shall be used and under no circumstances will scarifying of a floor be allowed. Proper care, HEPA vacuuming, frequent damp mopping, light scrubbing and spot waxing must be done to reduce stripping to a minimum.

b. When stripping is required, all stripped areas shall be treated with a minimum of two full

strength coats of appropriate sealer before the application of floor finishes. c. Floor finishes used by the contractor shall be the same type floor finish previously used.

The contractor shall not switch from a floor finish to a wax and vice-versa without receiving permission from the Durham Housing Authority.

The contractor shall furnish to the Durham Housing Authority a list each month of the areas and the dates of stripping and re-waxing.

9. Floors (Resilient Floor Covering Materials):

a. Where vacuuming methods are selected, HEPA (High Efficiency Particulate Air) filtered vacuuming equipment and a metal floor attachment must be used. The equipment shall be used and emptied in a manner that minimizes the re-entry of asbestos into the workplace.

b. Waste Disposal: Asbestos waste scrap, debris, bags, containers, equipment and

contaminated clothing consigned for disposal shall be collected and disposed of in sealed, impermeable containers.

c. Care of Asbestos-Containing Flooring Material: All vinyl and asphalt flooring material

shall be maintained in accordance with this paragraph unless the building/facility owner demonstrates that the flooring does not contain asbestos.

1. Sanding of flooring material is prohibited.

2. Stripping of finishes shall be conducted using low abrasion pads at a speed lower than

300 rpm and wet methods.

3. Burnishing or dry buffing may be performed only on flooring, which has sufficient finish so that the pad cannot contact the flooring material.

5

4. Dust and debris in area containing accessible thermal system insulation or surfacing material or visible deteriorated ACM (Asbestos Containing Material).

i. Shall not be dusted or swept dry, or vacuumed without using HEPA filter. ii. Shall be promptly cleaned up and disposed in airtight containers.

6

Exhibit A

Janitorial Inspection Checklist

Yes No Date of Inspection Trash Cans, Receptacles ___ ____ Where__________________

1) Trash emptied daily ___ ____ Where__________________ 2) Plastic trash liners clean ___ ____ Where__________________ 3) Trash cans clean ___ ____ Where__________________

Dusting

1) Desks dusted ___ ____ Where__________________ 2) Wall décor dusted ___ ____ Where__________________ 3) Air vents clean ___ ____ Where__________________

Glass surfaces, metal surfaces partitions and glass dividers

1) Glass tops clean ___ ____ Where__________________ 2) Bright metal surfaces clean ___ ____ Where__________________ 3) Partition or glass divider clean ___ ____ Where__________________

Tile Floors

1) Tile floor cleaned daily ___ ____ Where__________________ 2) Tile floor waxed ___ ____ Where__________________ 3) Stairways cleaned and mopped ___ ____ Where__________________ 4) Handrails clean ___ ____ Where__________________ 5) Sticky substances or spills on

floors cleaned daily. ___ ____ Where__________________ Drinking Fountains/Other Appliances

1) Drinking fountains clean ___ ____ Where__________________ 2) Microwave ___ ____ Where__________________ 3) Refrigerator ___ ____ Where__________________

Glass doors and Entrances

1) Glass doors and entrance clean ___ ____ Where__________________ Walls and Woodwork

1) Smudges on walls cleaned ___ ____ Where__________________ Carpets

1) Carpets (spots) ___ ____ Where__________________ 2) Carpets (bi-annual) ___ ____ Where__________________

Mats

1) Mats clean ___ ____ Where__________________

7

Janitorial Inspection Checklist Yes No Date of Inspection

Restrooms, Lounges and Toilets

1) Towels ___ ____ Where__________________ 2) Soap ___ ____ Where__________________ 3) Tissues ___ ____ Where__________________ 4) Walls clean ___ ____ Where__________________ 5) Partitions clean ___ ____ Where__________________ 6) Fixtures clean ___ ____ Where__________________

Windows

1) Clean all inside/outside windows On a quarterly basis ___ ____ Where__________________

Microwave

1) Clean inside and outside daily ___ ____ Where__________________ Refrigerator

1) Clean inside and outside every Friday ___ ____ Where__________________

Other: _________________________ ___ ____ Where__________________

8

Special Conditions

A. Insurance: The contractor shall obtain, pay for, and keep in force the minimum insurance depicted below and prior to awarding this bid the contractor shall furnish certificates evidencing that such insurance is in effect and proving that the carrier will give the Durham Housing Authority at least ten days written notice of any material change in or cancellation of such Insurance.

All insurance shall remain in effect for the duration of this contract. All insurance and

bonds shall be secured from companies licensed to do business in the State of North Carolina and shall be countersigned by a licensed resident agent.

1. Workmen’s Compensation Insurance required by the law of North Carolina (if

applicable) covering all the contractor’s employees engaged in any work hereunder. This covers employer’s liability in the amount of $500,000.00 for the injury or death of employees where more than one is involved in any one accident.

2. Public Liability Insurance against liability for bodily injury or death of any one

person in any one accident is $1,000,000.00 for the injury or death of more than one person on any one accident. This policy further provides against liability for property damage in the amount of $1,000,000.00 for any one accident and $2,000,000.00 in the aggregate, which may be caused by the contractor or any employees of the contractor in the course of doing his work.

3. Blanket Fidelity Bond against the liability of theft is in effect in the amount of

$50,000.00 for any one theft.

4. It is understood that any work described in this agreement that is undertaken by a subcontractor for the contractor will be required to carry the same insurance as listed

5. in paragraphs 1, 2, and 3. The Durham Housing Authority will require that proper

certificates be furnished evidencing that such insurance is in effect and providing that the carrier will give the Durham Housing Authority at least ten days written notice of any material change in or cancellation of such insurance.

6. The contractor shall notify the Durham Housing Authority promptly of all injuries

and damages to person or property in any way arising out of performance of work under this contract. No settlement of payment for any claim to which DHA may be charged with the obligation to payment or reimbursement shall be made by the contractor without the written approval of DHA.

B. Liability – the contractor shall assume liability for damage or loss resulting from the

wrongful act(s) and/or negligence of its employees while they are on DHA premises. The contractor or his insurer shall reimburse DHA for any such damage or loss within 30 days after a claim is submitted.

9

10

C. Contract Period – The initial term of this contractor will be for 1 (one) year with the

2 (two) additional 1 (one) year options. The period of performance shall not exceed 3 (three) years. Any changes in the terms and conditions of this contract are to be in writing and must be in the form of an amendment, approved by DHA and signed by an official of the contracting firm.

D. Award - Contract award shall be based on cost and overall proposal. The bidder shall

submit three (3) copies of his/her proposal having them sealed and clearly marked. The bidder shall also provide an electronic copy in PDF format. Each proposal shall have included: Company/Organization, Past Performance of Comparable Work, Management Approach, Availability/Staffing to facilitate a timely response to the requirements indicated in the Scope of Work and Section 3/MBE/WBE Compliance or Program.

E. Access /Security

1. Access will be granted to the Contractor for entry into buildings and designated offices and areas. Two key sets and access cards will be issued to contractor. Access will be limited as determined by DHA.

2. Contractor is responsible for securing buildings during and after daily work is

completed.

3. Contractor will pay for alarms to the City of Durham when contractor is the responsible party for the false security alarm.

4. Contractor will verify to DHA the status of criminal activity for each employee

assigned to DHA properties.